There are numerous ways in which the terms of an alternative fee arrangement are documented, ranging from a simple email exchange between client and outside lawyer to lengthy addenda to the retention agreement. While no particular form is required to establish a durable AFA, there are aspects of an AFA that should, for the benefit of both client and outside attorney, be clearly stated at the time the matter engagement is accepted. In the fifth article in this series, we discuss five questions that AFAs should directly address, but for a variety of reasons often do not.

Originally published in Law360 - August 1, 2017.